;hnobotana Dpen帝勇 - Californiaagenda.slocounty.ca.gov/agenda/sanluisobispo/4856/[email protected] Question or Comment Dear Commission Members, I am pleased that you have

Ethnobotanica DispensaryEthnobotanica DispensaryEthnobotanica DispensaryEthnobotanica DispensaryRyan RowlandRyan RowlandRyan RowlandRyan Rowland to: [email protected] 06/22/2015 09:06 AM

I understand the want/need for a store in SLO county but I am concerned about the shady business practices by Ethnobotanica. Stephanie Kiel is the name that Ethnobotanica operates under but it is Ryan Booker who actually runs it and he is a Felon for illegal drug sales. I am a believer in medical marijuana but I don't feel it's right to allow a felon to run a establishment in this industry. Especially when they are trying to be the first to do so. They also make their own oil which is dangerous and illegal. Again, I just feel that there are better companies out there that would be a lot more legit/legal than Ethnobotanica and I hope you reject their proposal.

Sent from my iPhone

Planning Commission Contact Form (response #310)Survey Information

Planning Commission Contact Form (response #310)Internet Webmasterto:[email protected]/22/2015 05:27 PMHide Details From: "Internet Webmaster" <[email protected]>

To: "[email protected]"<[email protected]>

Site: County of SLOPage Title:Planning Commission Contact Form

URL: http://www.slocounty.ca.gov/planning/staff/PCForm.htmSubmission Time/Date:6/22/2015 5:26:59 PM

Page 1 of 2Planning Commission Contact Form (response #310)

6/23/2015file:///C:/Users/rhedges/AppData/Local/Temp/notesC7A056/~we...

Survey ResponseName BANAN ELHAJJContact Information (Phone Number, Email, etc.)

8318998626

Question orComment

Please support a new dispensary in Nipomo. We just opened one in Monterey right below the Del Rey Oaks Police Department. This are working out so beautifully here. Please VoteYes!


6/23/2015file:///C:/Users/rhedges/AppData/Local/Temp/notesC7A056/~we...

DATE: June 20, 2015TO: San Luis Obispo County Planning CommissionersFROM: Dick Wright, Nipomo ResidentSUBJECT: DRC2014-00070 - Ethnobotanica MUP Application

On July 9, 2015, the Planning Commission is scheduled to consider an application for a Minor Use Permit(MUP) to establish a Medical Marijuana Dispensary at 2122 Hutton Rd. in Nipomo. The applicant company,Ethnobotanica, is headquartered in Santa Cruz County and along with 39 other companies currentlyhomedeliversmedical marijuana in San Luis Obispo County. Thus medical marijuana is readily available forauthorized patients in this County. The applicant, however, desires to open a retail outlet to expandoperations.The applicant previously presented the MUP application to the South County Advisory Council (SCAC) andafter a discussion, with input from the audience, the SCAC voted 8-2 to recommend denial of the application.The most important aspect of this recommended denial of the application was the concern for public safety.The proposed location is near the intersection of Highways 166 and 101, just north of the Santa BarbaraCounty line where the increased traffic would have a negative impact on that frequently congestedintersection. Santa Barbara County has prohibited Medical Marijuana Dispensaries in their County and if thisapplication is approved in SLO County, this retail outlet would be the only dispensary on the Central Coast. Itwould certainly attract the widespread interest of legitimate users as well as the criminal element. SheriffBrown of Santa Barbara County has publicly stated that this dispensary is a bad idea .This is particularly truesince it would be of interest to the large criminal street gang population located across the river.Medical marijuana dispensaries have been the target of robberies and burglaries at numerous locations withinCalifornia. In a number of instances, violence has occurred. For example, in February of this year in SanBernardino, an armed security guard at a medical marijuana dispensary was shot and killed during a robbery.On January 31, 2015, in Upland, a police SWAT unit arrested four armed suspects following a dispensaryrobbery in which the suspects pistol-whipped an employee and shot another in the leg. And in Bakersfield,trial is beginning for a defendant who shot and killed two individuals at a dispensary there. The target forthese criminal acts is not only the marijuana, but the large amount of cash generated by the dispensaries.Commander Donovan, SLO Sheriff s Department, stated that due to the remote location of the proposeddispensary the estimated response time of deputies to a crime at that location would be from 10 to 30minutes. Obviously, this delay of emergency response puts the safety of the public in greater jeopardy.It should be noted that on May 5, 2013, The California Supreme Court ruled that Cities and Counties had theauthority to ban Medical Marijuana Dispensaries (City of Riverside v. Inland Empire Patients Health Center,Inc. 2013 Cal Lexis 4033).I urge the Planning Commission to deny this application for a retail Medical Marijuana Dispensary based onthe threat to public safety. There is no legitimate reason to authorize an unnecessary crime target in a locationthat provides freeway access for criminals and lacks timely law enforcement response to criminal acts.Dick WrightNipomo resident(805)479-5444

Planning Commission Contact Form (response#311)Survey Information

Planning Commission Contact Form (response #311)Internet Webmasterto:[email protected]/02/2015 03:21 PMHide DetailsFrom: "Internet Webmaster" <[email protected]>



URL: http://www.slocounty.ca.gov/planning/staff/PCForm.htmSubmissionTime/Date:7/2/2015 3:20:22 PM


7/6/2015file:///C:/Users/rhedges/AppData/Local/Temp/notesC7A056/~web...

Survey ResponseName Ron Tindall RNContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

I totally support the building of amedical marijuana store inNipomo.




Planning Commission Contact Form (response #313)Internet Webmasterto:[email protected]/03/2015 09:18 AMHide DetailsFrom: "Internet Webmaster" <[email protected]>



URL: http://www.slocounty.ca.gov/planning/staff/PCForm.htmSubmissionTime/Date:7/3/2015 9:17:58 AM



Survey ResponseName Arthur MogilefskyContact Information(Phone Number,Email, etc.)

805 904-9164

Question orComment

I urge the commission to approvethe proposed marijuanadispensary in Nipomo. Ouncesocial change has started itcannot be stopped.










Survey ResponseName Carol N. Rowsemitt, PhDContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

Dear Commission Members, Iam pleased that you haverecommended approval of amedical marijuana store. Fromthe reading I ve done, it s clearthat marijuana is very effectivefor symptoms of many illnesses.While it is legal in this state, thebattles to avoid having actualstores keeps the myths of thehorrors of this drug alive. I amaware of some patients whocould receive considerable help,but the stigma prevents them.Storefront sales will helpdecrease the stigma. Sincerely,Carol N. Rowsemitt, PhD, RN,FNP-C Family Nurse Practitioner




Planning Commission Contact Form (response #312)Internet Webmasterto:[email protected]/03/2015 07:50 AMHide DetailsFrom: "Internet Webmaster" <[email protected]>



URL: http://www.slocounty.ca.gov/planning/staff/PCForm.htmSubmissionTime/Date:7/3/2015 7:49:36 AM



Survey ResponseName Brian MalhiotContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

I fully support the proposedMedical cannibis dispensary. Ivote I am 52 and suffer chronicback pain I am not a druggie orcriminal.






History: This message has been replied to and forwarded.


URL: http://www.slocounty.ca.gov/planning/staff/PCForm.htm



Survey Response

SubmissionTime/Date:7/3/2015 12:07:37 PM

Name Nipomo ResidentContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

July 3, 2015 Dear SLO PlanningCommission: On April 27, 2015, Idelivered a 16 page Oppositionto the application for a minor usepermit for a medical marijuanadispensary in Nipomo. I deliveredcopies for each member of thePlanning Staff and PlanningCommission. Use Permit File No.DRC2014-00070. The UsePermit is set for hearing on July9, 2015. Why is my letter notposted under CorrespondenceReceived. Other letters from thepublic were posted? Did themembers of the Planning Staffand Planning Commissionreceive my letter? Thank you.Nipomo Resident.



Fw: Medical Marijuana Dispensary ProposolAirlin Singewaldto:Ramona Hedges 07/06/2015 01:34 PM

Ramona,

More correspondence on Ethnobotanica MUP this Thursday...

Airlin SingewaldSan Luis Obispo CountyDepartment of Planning and Building(805) [email protected] Forwarded by Airlin Singewald/Planning/COSLO on 07/06/2015 01:34 PM -----

From: Mary Oliver <[email protected]>To: [email protected]: 07/06/2015 01:29 PMSubject: Medical Marijuana Dispensary Proposol

Dear SLO County Planning Commission and SLO County Supervisors,

As a new resident to Nipomo, I would like to express my opposition to themedical marijuana dispensary that is being proposed at a location in Nipomonear my home.My husband and I moved to one of the 40 newly completed homes in the CostaPacifica Estates Nipomo in Sep 2014, from Diamond Bar (LA County), CA. Wewere excited to experience a slower pace of life and living in a quiet, ruralsetting. We were surprised when we read in a local paper that a medicalmarijuana dispensary was being proposed down the road from our community.

Having retired after 38 years in the health field, I am aware of the medicinaluse of marijuana. As an ER nurse, I am also aware of the mis-use of the drugand the harm it can cause, and the potential for diversion to illegal use.

I have listened to the Ethnobotanica Representatives and about their proposeddispensary. I understand that currently, their "patients" are able to gettheir "medicine" via mobile dispensary services; which in my mind, would bemore convenient to an ailing person, than having to drive to make appointmentsand drive to a dispensary at the far end of the SLO County.

My concerns, (as well as my neighbors), for the establishment of thisdispensary in the location they have selected , is that it has potential toaffect the safety of our community; and as residents of the community closestto the proposed dispensary site, I would hope that you consider our concerns.Many of us were in attendance at the February 2015 meeting of the SCAC andvoiced our concerns .

Attached is a petition requesting your rejection of this application. Theconcerns for the safety of our community are addressed. The petition has beensigned by 36 voters, and they represent 28 of the 40 current homes in thiscommunity. Our community is new, and this month, building will commence to addan additional 37 homes (for a total of 77 homes). As we are the people whowill be living closest to the dispensary, I hope that you take our concernsseriously.

Thank you for your consideration,

Mary Oliver1824 Vista Del PuebloNipomo, Ca

951 733-8627 Dispensary.Nipomo.pdfDispensary.Nipomo.pdf

Monday, July 6, 2015

Supervisor Lynn ComptonCounty Government CenterSan Luis Obispo, CA 93408Phone: (805) 781-4337Fax: (805) [email protected]

Dear Supervisor Lynn Compton, Legislative Assistant Jocelyn Brennan and

Planning Commission Agenda Item: PLC 39/2015 - EthnobotanicaMUPPastor JR Reyesto:rhedges, jbrennan07/06/2015 02:59 PMCc:sonnette adameHide DetailsFrom: Pastor JR Reyes <[email protected]>

To: [email protected], [email protected]

Cc: sonnette adame <[email protected]>

Page 1 of 2


Planning Commissioner James Harrison,

I address this email letter to your attention based on a very disturbing proposalscheduled to go before the Planning Commission on July 9, 2015. A medicalmarijuana dispensary seeks approval to open a brick-and-mortar facility(2,600 square-foot) at 2122 Hutton Road in Nipomo and the Department ofPlanning and Building is recommending the approval of a minor use permitfor Ethnobotanica.

It is my understanding the South County Advisory Council voted not torecommend approval of the dispensary and as a representative member of theNipomo faith-based community, I too am asking this proposal be denied.Numerous south county adult and youth residents have shared with localclergy that their struggles with life, lack of employment and negative habitualbehaviors are a result of marijuana use. I plead with you to please consider theview of south county district residents and agree with our disapproval. As acommissioned representative for the residents of this district help us keepEthnobotanica a mobile dispensary service without roots in our small towncommunity. Thank you.

Phillip D. Reyes JRFull Gospel Tabernacle of Nipomo, PastorP.O. Box 1983 Nipomo, CA 93444Cell: (805) 264-8333

Page 2 of 2


DATE: June 20, 2015TO: San Luis Obispo County Planning CommissionersFROM: Dick Wright, Nipomo ResidentSUBJECT: DRC2014-00070 - Ethnobotanica MUP Application

On July 9, 2015, the Planning Commission is scheduled to consider an application for a Minor Use Permit(MUP) to establish a Medical Marijuana Dispensary at 2122 Hutton Rd. in Nipomo. The applicant company,Ethnobotanica, is headquartered in Santa Cruz County and along with 39 other companies currentlyhomedeliversmedical marijuana in San Luis Obispo County. Thus medical marijuana is readily available forauthorized patients in this County. The applicant, however, desires to open a retail outlet to expandoperations.The applicant previously presented the MUP application to the South County Advisory Council (SCAC) andafter a discussion, with input from the audience, the SCAC voted 8-2 to recommend denial of the application.The most important aspect of this recommended denial of the application was the concern for public safety.The proposed location is near the intersection of Highways 166 and 101, just north of the Santa BarbaraCounty line where the increased traffic would have a negative impact on that frequently congestedintersection. Santa Barbara County has prohibited Medical Marijuana Dispensaries in their County and if thisapplication is approved in SLO County, this retail outlet would be the only dispensary on the Central Coast. Itwould certainly attract the widespread interest of legitimate users as well as the criminal element. SheriffBrown of Santa Barbara County has publicly stated that this dispensary is a bad idea .This is particularly truesince it would be of interest to the large criminal street gang population located across the river.Medical marijuana dispensaries have been the target of robberies and burglaries at numerous locations withinCalifornia. In a number of instances, violence has occurred. For example, in February of this year in SanBernardino, an armed security guard at a medical marijuana dispensary was shot and killed during a robbery.On January 31, 2015, in Upland, a police SWAT unit arrested four armed suspects following a dispensaryrobbery in which the suspects pistol-whipped an employee and shot another in the leg. And in Bakersfield,trial is beginning for a defendant who shot and killed two individuals at a dispensary there. The target forthese criminal acts is not only the marijuana, but the large amount of cash generated by the dispensaries.Commander Donovan, SLO Sheriff s Department, stated that due to the remote location of the proposeddispensary the estimated response time of deputies to a crime at that location would be from 10 to 30minutes. Obviously, this delay of emergency response puts the safety of the public in greater jeopardy.It should be noted that on May 5, 2013, The California Supreme Court ruled that Cities and Counties had theauthority to ban Medical Marijuana Dispensaries (City of Riverside v. Inland Empire Patients Health Center,Inc. 2013 Cal Lexis 4033).I urge the Planning Commission to deny this application for a retail Medical Marijuana Dispensary based onthe threat to public safety. There is no legitimate reason to authorize an unnecessary crime target in a locationthat provides freeway access for criminals and lacks timely law enforcement response to criminal acts.Dick WrightNipomo resident(805)479-5444

Contact Us (response #16)Airlin Singewald

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<>=N Jocelyn Brennan/BOS/COSLOTo: Airlin Singewald/Planning/COSLO@WingsDate: 07/06/2015 01:18 PMSubject: Fw: Contact Us (response #16)

Sincerely,Jocelyn BrennanLegislative Assistant to Supervisor Lynn ComptonSan Luis Obispo County, District 4805 781-4337----- Forwarded by Jocelyn Brennan/BOS/COSLO on 07/06/2015 01:18 PM -----

From: "Internet Webmaster" <[email protected]>To: "[email protected]" <[email protected]>Date: 03/05/2015 10:20 PMSubject: Contact Us (response #16)

Contact Us (response #16)

Survey Information

Site:County of SLOPage Title:Contact UsURL:http://www.slocounty.ca.gov/bos/District-4/Contact_Us.htmSubmission Time/Date:3/5/2015 10:19:45 PM

Survey Response

Your Name:Holly James

Your Phone (e.g. (999) 999-9999):805-343-9364

Your Email:[email protected]

Comments / Questions (8192 characters max):Dear So. County Council,

Please do not approve the marijuana dispensary in Nipomo. I live in Nipomo,it is wonderful place to live. This is a family oriented community with

lots of children being raised to have positive and productive futures.Marijuana may help some people with specific health conditions, but it is notthe cure all drug these pothead pushers are trying to make it out to be noris it an acceptable way of lifestyle. Keep the pot out of Nipomo. The sheriffdeputies have a hard enough time keeping up with other problems why add thisto the area.

Vote No.

Holly James

1

Opposition to the application for a minor use permit for a medical marijuana dispensary in Nipomo

April 27, 2015 San Luis Obispo County Planning Commission 976 Osos Street, Room 200 San Luis Obispo, CA 93408 Dear San Luis Obispo County Planning Commission: I am a resident of Nipomo. I oppose the application for a minor use permit for a medical marijuana dispensary located at 2122 Hutton Road, Nipomo, CA 93444. The minor use permit file number is DRC2014-00070. The name of the applicant is Ethnobotanica. I oppose the application for a minor use permit for a medical marijuana dispensary in Nipomo, based on the following: A medical marijuana dispensary will be detrimental to the public health, safety and welfare of the community A medical marijuana dispensary will be detrimental to the public health, safety and welfare of the community. A medical marijuana dispensary will adversely impact the quality of life in the community. There will be negative impacts on residences, businesses and schools in the community. There will be an increase in traffic. There will be an increase in crime. There will be an increase in robberies, burglaries and assaults. There will be an increase in loitering, littering, trespassing, graffiti, noise and marijuana odors. There will be an increase in the diversion of medical marijuana for recreational use. There will be an increase in marijuana trafficking to a medical marijuana dispensary. Nipomo will be known as a green light district, a place to buy and sell marijuana, instead of a place to raise a family. There will be a negative impact on public health due to the harmful mental and physical effects of marijuana. There will be a decrease in academic achievement. There will be a decrease in residential and commercial property values. There will be an increase in indoor and outdoor cultivation sites. There will be an increase in butane hash oil processing houses. Recently, there were incidents of butane hash oil processing houses exploding and severely burning the occupants in the cities of Grover Beach, Morro Bay, San Luis Obispo and Atascadero, and in the unincorporated communities of Los Osos and Templeton. Butane is a flammable solvent used to extract resin from marijuana leaves. The marijuana resin is called hash oil, shatter and wax. It is illegal to use a flammable solvent to extract resin from marijuana in California. (People v. Bergen).

2

There will be an increase in accidents caused by driving under the influence of marijuana. It is illegal to drive under the influence of marijuana in California. (California Vehicle Code Section 23152 (e). To date, California does not have a marijuana intoxication threshold. Colorado and Washington have a marijuana intoxication threshold of 5 nanograms of THC per milliliter of blood. (5 parts of THC per billion parts of blood). THC is a psychoactive ingredient in marijuana. A medical marijuana dispensary will endorse the use of marijuana as safe and harmless. Scientific research indicates the use of marijuana is unsafe and harmful. Endorsing the use of marijuana sends the wrong message to the community. In nature, marijuana contains 483 chemicals. Marijuana contains 80 chemicals known as cannabinoids. Research scientists are studying the effects and side effects of these cannabinoids. To date, two cannabinoids have been studied, detla-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is a psychoactive ingredient in marijuana. CBD is a non-psychoactive ingredient in marijuana. Marijuana may contain more chemicals from fertilizers, pesticides, fungicides, bacteria, fungi, mildews, molds, yeasts, insects, hairs, heavy metals, contaminants and debris. Research scientists are studying the effects and side effects of these chemicals and pathogens.

Research scientists have studied marijuana contaminated with fungus. Aspergillus is a fungus that grows on marijuana. There are 60 species of aspergillus that are pathogens. Any person using or working with marijuana may be subject to an allergic reaction or infection from the fungus. An aspergillus infection can cause diseases including invasive aspergillosis, allergic bronchopulmonary aspergillosis, chronic pulmonary aspergillosis and aspergilloma. An aspergillus infection can be lethal in people with a compromised immune system due to leukemia, cancer, chemotherapy, organ transplant, acquired immune deficiency syndrome (AIDS) or other conditions that make it difficult to fight infections.

In 1978, marijuana contained an average of 1.37 percent THC. In 1988, marijuana contained an average of 3.59 percent THC. In 1998, marijuana contained an average of 4.43 percent THC. In 2008, marijuana contained an average of 8.49 percent THC. Ethnobotanica sells marijuana containing up to 22 percent THC. Ethnobotanica sells marijuana resin containing up to 88 percent THC. Research scientists are studying the effects and side effects of these high levels of THC. I am worried about our children using marijuana. The Colorado Department of Health and Environment is warning tee age s aout the dage s of a ijuaa ith a Do ’t e a La Rat campaign. (www.dontbealabrat.com). In 2014, a survey by the National Institute on Drug Abuse, found that 34 percent of 10th graders and 44 percent of 12th graders have used

aijuaa. Na Reaga had the ight essage: just sa o to d ugs. This is ot eefe madness, this is common sense. Nipomo does not want to be a lab rat for a medical marijuana experiment. The San Luis Obispo County Sheriff and Santa Barbara County Sheriff oppose a medical marijuana dispensary in Nipomo. The South County Advisory Council opposes a medical marijuana dispensary in Nipomo.

3

Harmful effects of marijuana In 2009, marijuana smoke was listed as a carcinogen. There are 33 chemicals in marijuana smoke listed as carcinogens. (California Environmental Protection Agency - Chemicals Known to the State to Cause Cancer or Reproductive Toxicity). Maijuaa s oke contains many of the same carcinogens as tobacco smoke. Marijuana smoke

contains bronchial irritants, tumor promoters and carcinogens. The risk of respiratory effects from inhaling marijuana smoke are heightened by the intensive way in which marijuana is smoked. Marijuana cigarettes do not have filters. Marijuana burns at a higher temperature. Marijuana is smoked to a smaller butt size. Marijuana is smoked with a prolonged and deeper inhalation. Marijuana smoke contains 5 times more carbon monoxide, 3 times more tar, higher le els of a o ia a d h d oge aide, o pa ed to to a o s oke. U i e sit of Washington Alcohol and Drug Abuse Institute). Maijuaa s oke o tai s aout pe e t o e e zop e e a d pe e t o e

benzanthracene, both carcinogens, than a comparable quantity of tobacco smoke. Lung biopsies from marijuana users have revealed widespread alterations to the tissue, some which ae p e u so s to the de elope t of a e . U i e sit of Washigto Alohol a d D ug Abuse Institute). “e o dhad a ijua a s oke o tai s a of the sae to is ad a i oge s fou d i

tobacco smoke. While there is no data on the health consequences of breathing secondhand marijuana smoke, there is concern that it could cause harmful health effects, especially among ul e a le hild e i the hoe. U i e sit of Washigto Alohol ad D ug A use Istitute .

The Surgeon General of the United States provides Americans with the best scientific information on how to improve their health and reduce the risk of illness and injury. The Surgeon General has issued a warning on the health hazards of marijuana use, based on scientific reviews by the Institute of Medicine of the National Academy of Sciences, the Canadian Addiction Research Foundation, and the World Health Organization.

A ute ito i atio ith aijuaa i te fe es ith a aspe ts of e tal fu tio i g ad has serious, acute effects on perception and skilled performance, such as driving and other complex tasks involving judgement or fine motor skills. Among the known or suspected chronic effects of marijuana use are short-term memory impairment and slowness of learning, impaired lung function similar to that found in cigarette smokers, indications are more serious effects, such as cancer and other lung disease follow extended use, decreased sperm count and sperm motility, interference with ovulation and pre-natal development, impaired immune response, possible adverse effects on heart function, by-products of marijuana remaining in body fat for several weeks, with unknown consequences. The storage of these by-products increases the possibilities for chronic, as well as residual, effects on performance, even after the acute reaction to the drug has worn off. Of special concern are the long-term developmental effects in children and adolescents, who are particularly vulnerable to the drug's behavioral and

4

psychological effects. The "amotivational syndrome," characterized by a pattern of energy loss, diminished school performance, harmed parental relationships, and other behavioral dis uptio s, has ee asso iated ith p olo ged aijuaa use ou g pe so s. I stitute of Medicine of the National Academy of Sciences).

The Surgeon General concludes that marijuana has a broad range of psychological and biological effects, many of which are dangerous and harmful to health, and it supports the major conclusion of the Institute of Medicine of the National Academy of Sciences.

A u e of e e t studies hae idi ated that aijuaa use has severe and pervasive impact on public health. Studies show immune system damage, birth defects, infertility, cardiovascular disease, stroke and testicular cancer. Researchers have found that exposure to marijuana smoke can increase the risk of developing respiratory obstruction, emphysema, lung cancer, collapsed lungs, and bullous lung disease. A recent study shows that marijuana smoke has ammonia levels 20 times higher than tobacco smoke. Marijuana smoke has hydrogen cyanide, nitric oxide and aromatic amines at 3- ti es highe tha to a o s oke. Jou al of Glo al Drug Policy and Practice). Harmful mental effects of marijuana Whe aijuaa is s oked, the THC passes f o the lu gs a d ito the loodst ea, hi h

carries the chemical to the organs throughout the body, including the brain. In the brain, the THC connects to specific sites called cannabinoid receptors on nerve cells and influences the activity of those cells. Many of these receptors are found in the parts of the brain that influence pleasure, memory, thought, concentration, sensory and time perception, and coordinated movement. The short-term effects of marijuana include problems with memory and learning, distorted perception, difficulty in thinking and problem-solving, and loss of coordination. The effect of marijuana on perception and coordination are responsible for serious impairments in driving abilities. Long-term chronic marijuana use is associated with Amotivational Syndrome, characterized by apathy, impairment of judgment, memory and concentration, and loss of motivation, ambition and interest in the pursuit of personal goals. High doses of marijuana can result in mental confusion, panic reactions and hallucinations. Researchers have found an association between marijuana use and an increased risk of depression, an increased risk and earlier onset of schizophrenia and other psychotic disorders, especiall fo tee s that hae a ge eti p edispositio . D ug Fat “heet - United States Drug Enforcement Administration). Maijuaa i pais sho t-term memory and judgment and distorts perception. It can impair

performance in school or at work and make it dangerous to drive an automobile. It also affects brain systems that are still maturing through young adulthood, so regular use by teens may have a negative and long-lasting effect on their cognitive development, putting them at a competitive disadvantage and possibly interfering with their well-being in other ways. Contrary to popular belief, marijuana can be addictive, and its use during adolescence may make other fo s of d ug ause o additio o e likel. Natio al Istitute o D ug A use .

5

Harmful physical effects of marijuana “ho t-term physical effects from marijuana use may include sedation, blood shot eyes,

increased heart rate, coughing from lung irritation, increased appetite, and decreased blood pressure. Like tobacco smokers, marijuana smokers experience serious health problems such as bronchitis, emphysema, and bronchial asthma. Extended use may cause suppression of the immune system. Because marijuana contains toxins and carcinogens, marijuana smokers increase their risk of cancer of the head, neck, lungs and respiratory track. Withdrawal from chronic use of high doses of marijuana causes physical signs including headache, shakiness, sweating, stomach pains and nausea, as well as behavioral signs including restlessness, irritability, sleep diffiulties ad deeased appetite. D ug Fat “heet - United States Drug Enforcement Administration). Medical marijuana is illegal in California In 1996, the California voters approved Proposition 215, also known as the Compassionate Use Act (CUA), codified as California Health and Safety Code Section 11362.5. In 2003, the California State Legislature approved Senate Bill 420, also known as the Medical Marijuana Program Act (MMPA), codified as California Health and Safety Code Section 11362.7 et seq. Medical marijuana is illegal in California. The CUA and MMPA do not legalize medical marijuana. Thousands of people are arrested every year for possession and cultivation of marijuana in California. The CUA provides a limited defense in court for qualified patients and designated primary caregivers who possess and cultivate marijuana for medical purposes. (California Health and Safety Code Section 11362.5). Medical marijuana dispensaries are illegal in California Medical marijuana dispensaries are illegal in California. The CUA and MMPA do not legalize medical marijuana dispensaries. Thousands of people are arrested every year for operating medical marijuana dispensaries in California. The MMPA provides a limited defense in court for qualified patients and designated primary caregivers who associate collectively or cooperatively to cultivate marijuana for medical purposes. (California Health and Safety Code Section 11362.775). It is illegal for landowners to rent or lease property to a medical marijuana dispensary in California. California law makes it illegal to knowingly rent or lease property for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance. (California Health and Safety Code Section 11366.5 (a)), and provides that real property used in such a manner can be forfeited to California. (California Health and Safety Code Section 11470 (g)). Marijuana is classified as a Schedule I controlled substance in California. (California Health and Safety Code Section 11054 (d)(13)).

6

Retail sales of medical marijuana are illegal in California In 2013, the California Court of Appeal issued a decision in People v. Sandercock. Thomas Sandercock, Christopher Austin and Amy Austin operated a medical marijuana delivery service in San Luis Obispo County. They alleged the delivery service was in compliance with the CUA and MMPA. They were charged with selling marijuana and possession of marijuana for sale. (California Health and Safety Code Section 11359 and 11360). The Court of Appeal ruled Nothing in the CUA or the MMPA authorizes the retail sale of marijuana. Had the Legislature

intended to authorize retail sales, it could have done so. Instead, it prohibited retail sales. Section 11362.765, subdivision (a) p o ides i pat, o shall a thi g i this se tio autho ize a i di idual o g oup to ulti ate o dist iute aijuaa fo p ofit. Thus ot o l ust the group or organization be nonprofit, no individual may benefit financially from the cultivation or dist i utio of aijuaa. I , the Califoia “up e e Cou t de ied a Petitio fo Re ie. The case stands as legal precedent in California. (See attached People v. Sandercock, p. 4). Ethnobotanica medical marijuana delivery service and the proposed medical marijuana dispensary are not in compliance with the laws of California and the United States Ethnobotanica is the applicant for a medical marijuana dispensary in Nipomo. Ethnobotanica is located in Santa Cruz County. Ethnobotanica operates a large medical marijuana delivery service in Monterey County and San Luis Obispo County. In newspaper articles, Ethnobotanica says they delivery marijuana to 3,500 medical marijuana patients in the county. Ethnobotanica says the medical marijuana delivery service has $2,000,000 in sales per year. Ethnobotanica says the proposed medical marijuana dispensary will have $3,000,000 to $8,000,000 in sales per year. In 2010, RAND Drug Policy Research Center estimated the costs of cultivation, harvesting and processing marijuana are $280 to $600 per pound. The estimate is for indoor cultivation of marijuana at a wage rate of $25 per hour. Ethnobotanica medical marijuana delivery service website says they sell marijuana for $5,376 per pound. At a cost of $600 per pound, the markup is 796%. At a cost of $280 per pound, the markup is 1,820%. In 2014, Ethnobotanica filed a Summary Business Plan for a medical marijuana dispensary in Nipomo. Ethnobotanica says the medical marijuana delivery service has a markup of 65% and an operating reserve of $25,000 per month. Ethnobotanica says the proposed medical marijuana dispensary will have an operating reserve of $45,294 to $858,294 per year. Ethnobotanica says the proposed medical marijuana dispensary will have $1,800,000 to $5,000,000 in sales per year. The CUA a d MMPA do ot autho ize a ope atig ese e. The CUA sas o shall a thig i this section authorize any individual or group to cultivate or distribute marijuana for profit. (California Health and Safety Code Section 11362.765 (a)). The Cou t of Appeal uled that a

o e e ei ed ust e o o e tha a oope atie o olle ti e e e ’s p opo tio ate share of the actual cost of cultivating and dist iuti g the aijua a. People . “ade o k .

7

The Califoia Atto e Ge e al sas aijuaa g o at a olle ti e o oope atie fo medical purposes may be: a) provided free to qualified patients and primary caregivers who are members of the collective or cooperative, b) provided in exchange for services rendered to the entity, c) allocated based on fees that are reasonably calculated to cover overhead costs and ope atig e pe ses, d a o i atio of the a o e. Califo ia Atto e Ge e al Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use Section IV (b)(6)). Ethnobotanica medical marijuana delivery service and the proposed medical marijuana dispensary are not in compliance with the laws of California and the United States. The CUA and MMPA do not authorize the retail sale of marijuana. (California Health and Safety Code Section 11362.765 (a)), (People v. Sandercock), (21 U.S.C. Section 801 et seq.). The business plan says the funding for the proposed medical marijuana dispensary will be from a $300,000 loan. Any person providing a loan will be conspiring to distribute marijuana. It is illegal to conspire to distribute marijuana in California and the United States. (California Penal Code Section 182 (a)(1). (21 U.S.C. Section 846). In 2011, Ethnobotanica filed Articles of Incorporation with the California Secretary of State. Ryan Booker was the incorporator. Ryan Booker was the agent for service of process. The address is 7960 B Soquel Drive, #361, Aptos, CA 95003. This address is a post office box. The California Secretary of State does not allow post office box street addresses. In 2014, Ethnobotanica filed Statement of Information with the California Secretary of State. The chief executive officer is Ryan Booker. The secretary is Stephanie Kiel. The chief financial officer is Stephanie Kiel. The agent for service of process is Stephanie Kiel. The address is 1961 Main Street, #239, Watsonville, CA 95076. This address is a post office box. The California Secretary of State does not allow post office box street addresses. In 2014, Ethnobotanica filed a Land Use Application for a medical marijuana dispensary in Nipomo. The landowner name is Nass-Touey, LLC. The address is PO Box 2417, Nipomo, CA 93444. The applicant name is Ethnobotanica. The agent name is Stephanie Kiel. The executive director of Ethnobotanica is Stephanie Kiel. The address is 1961 Main Street, #239, Watsonville, CA 95076. This address is a post office box. The street address for the principal office of Ethnobotanica is unknown. The street address for the agent for service of process of Ethnobotanica is unknown. Ryan Booker is not mentioned in the land use application and business plan. The business plan does not contain the names of the board of directors and the bylaws of the corporation. Ethnobotanica should be required to provide a street address for the principal office, a street address for the agent for service of process, names of the board of directors and the bylaws of the corporation. In newspaper articles, Ethnobotanica says the medical marijuana delivery service is operated by Ryan Booker. He is cultivating marijuana in a warehouse in violation of City of Watsonville ordinances. The city says he is violating its marijuana ordinance as well as zoning rules that

8

prohibit agriculture in industrial areas. The city issued orders to cease and desist. He filed a lawsuit against the city. In 2007, the City of Watsonville banned medical marijuana cultivation and dispensaries. (Watsonville Municipal Code Section 6-5.102). The identity, character and background of the applicants should be evaluated to protect the public health, safety and welfare of the community. Ethnobotanica operators and employees should be required to have resumes, personal references, background checks and criminal histo i estigatio s the “he iff’s Depate t. Eth o otai a should e e ui ed to provide business references, bank references, accountant references, attorney references and insurance references. Ethnobotanica should be required to provide financial records. Ethnobotanica should be required to provide state and federal tax returns. The business plan says there are 4,147 medical marijuana patients in San Luis Obispo County. Ethnobotanica says the number of medical marijuana patients is 1.5 percent of the population. Ethnobotanica says they delivery marijuana to 3,500 medical marijuana patients in the county. Ethnobotanica delivers marijuana to 84 percent of the medical marijuana patients in the county. Ethnobotanica says they are the largest medical marijuana delivery service in the county. Who delivers marijuana to the remaining 16 percent (647) of medical marijuana patients in the county? Ethnobotanica says there are 28 other medical marijuana delivery services in the county. That leaves 23 medical marijuana patients for each of the other medical marijuana delie se i es. Eth o ota ia sas these o gaizatio s do ot maintain compliance records, ae ot ai g fo those e e s ost i eed, ad do ot pa thei taes. Eth o otai a does not mention any names of the other medical marijuana delivery services. Ethnobotanica medical marijuana delivery service advertises with print, internet and social media. Medical marijuana delivery services are not open to the public. Why are they advertising to the public? Our children are influenced by marijuana advertising. Marijuana advertising endorses the use of marijuana as safe and harmless. Scientific research indicates the use of marijuana is unsafe and harmful. Endorsing the use of marijuana sends the wrong message to the community. The United States Controlled Substances Act (CSA) classifies marijuana as a Schedule I controlled substance and is not approved for medical use and has a high potential for abuse. The United States Food and Drug Administration (FDA) has not approved marijuana as a safe and effective drug for any medical condition. It is illegal to advertise marijuana in the United States. (21 U.S.C. Section 843 (c)). Ethnobotanica medical marijuana delivery service operates without a business license in San Luis Obispo County. It is illegal to operate a business in San Luis Obispo County without a business license. (San Luis Obispo County Code Section 6.00.020). Ethnobotanica medical marijuana delivery service sells drug paraphernalia. It is illegal to sell drug paraphernalia in California and the United States. (California Health and Safety Code Section 11364 et seq.), (21 U.S.C. Section 863).

9

Ethnobotanica medical marijuana delivery service operates in the cities of Arroyo Grande and Atascadero. Medical marijuana delivery services are illegal in the cities of Arroyo Grande and Atascadero. (Arroyo Grande Municipal Code Section 9.26.010 et seq.), (Atascadero Municipal Code Section 5-13.103). In newspaper articles, Ethnobotanica says the proposed medical marijuana dispensary will sell marijuana to medical marijuana patients in Santa Maria. Medical marijuana dispensaries and medical marijuana delivery services are illegal in Santa Maria. (Santa Maria Municipal Code Section 12-54.01 et seq.). Ethnobotanica purpose will be detrimental to the public health, safety and welfare of their community. Traffic and parking The land use application says the proposed medical marijuana dispensary will be open 365 days a year from 11:00 am to 6:00 pm. The dispensary will have 12 employees. The dispensary will have 30 customers from 4:00 pm to 6:00 pm. The business plan says the proposed medical marijuana dispensary will have $1,800,000 to $5,000,000 in sales per year. If the average sale per customer is $40, then the dispensary will have 45,000 to 125,000 customers per year. This is 123 to 342 customers per day. This will cause traffic and parking problems in the area. In newspaper articles, Ethnobotanica says the proposed medical marijuana dispensary will have $3,000,000 to $8,000,000 in sales per year. If the average sale per customer is $40, then the dispensary will have 75,000 to 200,000 customers per year. This is 205 to 548 customers per day. This will cause traffic and parking problems in the area. Adults (21 years and older) The usi ess pla sas Eth o ota i a shall ot allo ay person under the age of 18 onto the dispe sa p ope t u less a o paied thei pae t o legal guadia. Eth o ota i a should not be allowed to have children on the dispensary property under any circumstances. Ethnobotanica should not be allowed to sell marijuana to any person under the age of 21. Marijuana is classified as a Schedule I controlled substance in the United States. Marijuana is illegal in the United States as per the Controlled Substances Act. (21 U.S.C. Section 801 et seq.). The distribution of marijuana to a person under the age of twenty-one is illegal in the United States. (21 U.S.C. Section 859). In 2015, a Northwestern University study showed that young adults who used marijuana as teenagers performed 18 percent worse on long-term memory tests than young adults who never used marijuana. Marijuana caused abnormal shapes of the hippocampus. The hippocampus is located in the medial temporal lobe of the brain and is associated with long-term memory and spatial navigation. In Alzheie ’s disease, the hippocampus is one of the

10

first regions of the brain to suffer damage with symptoms of memory loss and disorientation. Previous marijuana research on young adults showed poor short-term and working memory performance, and abnormal shapes of brain structures in the sub-cortex including the striatum, globus pallidus and thalamus. (Department of Psychiatry, Behavioral Sciences and Radiology, Northwestern University Feinberg School of Medicine, Warren Wright Adolescent Center, Center for Addiction Medicine, Massachusetts General Hospital). Scenario: In 2006, the City of Morro Bay approved a use permit for a medical marijuana dispensary, Central Coast Compassionate Caregivers. Charles Lynch, 44, was the operator of the dispensary. He alleged the dispensary was in compliance with the CUA, MMPA and City of Mo o Ba o di a es. The use peit i di ated Pe so s u de the age of shall ot e allowed on the premises of a collective unless they are a qualified patient or a primary caregie , ad the ae i the p esee of thei pae t o guadia. In 2007, the dispensary was raided by the United States Drug Enforcement Administration (DEA). In 2008, Charles Lynch was convicted of five marijuana charges including distributing a controlled substance to a person under twenty-one years of age. (21 U.S.C. Section 859). In 2009, Charles Lynch was sentenced to one year in federal prison and four years of supervised release. Federal prosecutors appealed the one year sentence insisting that he receive a five year mandatory sentence. He is currently out of custody on $200,000 bail pending a decision on the appeal. In 2009, the City of Morro Bay banned medical marijuana dispensaries. (Morro Bay Municipal Code Section 9.06.020). Medical marijuana dispensaries are illegal in central coast cities Medical marijuana dispensaries are illegal in the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo and Santa Maria. Medical marijuana delivery services are illegal in the cities of Arroyo Grande, Atascadero, Lompoc and Santa Maria. Liability for a medical marijuana dispensary Medical marijuana dispensaries have large amounts of cash and marijuana. Medical marijuana dispensaries are all cash operations. Medical marijuana dispensaries cannot have bank accounts. Marijuana is classified as a Schedule I controlled substance in the United States. Marijuana is illegal in the United States as per the Controlled Substances Act. (21 U.S.C. Section 801 et seq.). It is illegal for banks to process transactions for medical marijuana dispensaries under the Bank Secrecy Act of 1970 (31 U.S.C. Section 5311 et seq.) and Money Laundering Control Act of 1986 (18 U.S.C. Sections 1956-1957 et seq.). Marijuana is a valuable controlled substance. Medical marijuana dispensaries are targets for robberies. The proposed medical marijuana dispensary is in a remote location and a target for robberies. In newspaper articles, the San Luis Obispo Sheriff said the location is isolated at the far end of a territory patrolled by

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just two deputies. He said it could take 10 to 30 minutes for deputies to respond to a robbery. Scenario: In 2010, a medical marijuana dispensary was robbed in Los Angeles. Higher Path Holistic Care was robbed by two members of the dispensary. The robbers shot two employees lying on the floor. Matthew Butcher, 27, dispensary clerk, died from a bullet to the head. Urban Jones Jr., dispensary security guard, survived from two bullets to the head. The robbers ransacked the dispensary and escaped with thousands of dollars of cash and marijuana. Scenario: In 2011, a medical marijuana dispensary was raided in Stockton. Pathways Family Health Cooperative was raided by the United States Drug Enforcement Administration (DEA). The dispensary was a California Nonprofit Mutual Benefit Corporation. Matthew Davies was the chief executive officer of the dispensary. He was a 34 year old father with two daughters. He had a aste ’s deg ee i usi ess. He had no criminal record. The dispensary had been open for two years. He alleged the dispensary was in compliance with the CUA, MMPA and City of Stockton ordinances. The dispensary had a use permit, business license, paid city sales tax, state sales tax, state and federal income tax. The dispensary had employee work permits, and completed quarterly financial audits and reporting requirements for the city. The city required dispensary operators and employees be photographed, fingerprinted and have background and criminal history investigations by the Police Department. In 2013, Matthew Davies, 35, chief executive officer, was sentenced to five years in federal prison for conspiracy, manufacturing and sales of marijuana. Lynn Smith, 63, business partner, was sentenced to 3.5 years in federal prison. Robert Duncan, 30, cultivator, was sentenced to 2 years in federal prison. Matthew Davies blamed state lawmakers for failing to set clear rules for medical marijuana dispensaries. He said the ambiguity of state medical marijuana laws left him exposed to federal prosecution. In 2013, the City of Stockton banned medical marijuana dispensaries. (Stockton Municipal Code Section 16.80.195). Scenario: In 2015, Luke Goodman, 23, was on a ski and snowboard vacation with family members in Colorado. He purchase and consumed marijuana candies. Goodman did not feel any immediate effects and consumed five marijuana candies. After a few hours he became incoherent. He committed suicide with a bullet to the head. Kim Goodman, mother, said her son was well adjusted and had no signs of depression or suicidal thoughts. She said the suicide was caused by an overdose of marijuana candies. The murder, arrests and suicide were a tragedy. These scenarios can happen to a medical marijuana dispensary in Nipomo. Tragedy generates civil and criminal prosecution. Who is liable? Is the county liable? Is the dispensary liable? Is the landlord liable? Who is going to compensate the victims and their families? Recreational marijuana in California In 2016, California voters may legalize tax and regulate marijuana for adults. Recent successful marijuana legalization initiatives in Colorado (2012), Washington (2012), Oregon (2014), Alaska

12

(2014) and District of Columbia (2014), indicate a similar initiative may succeed in California. In 2010, California voters defeated California Proposition 19, Regulate, Control and Tax Cannabis Act. Medical marijuana dispensaries are illegal in the United States Marijuana is illegal in the United States. In 1970, the United States Congress enacted the Controlled Substances Act (CSA). (21 U.S.C. Section 801 et seq.). The CSA prohibits the manufacture, distribution and possession of a controlled substance (21 U.S.C. Section 841 (a) (1)). The CSA classifies controlled substances into five schedules. Schedule I substances are not approved for medical use and have a high potential for abuse. Schedule II substances are approved for medical use and have a high potential for abuse. Schedules III, IV, and V substances are approved for medical use and have a lower potential for abuse. Marijuana is classified as a Schedule I controlled substance and is not approved for medical use and has a high potential for abuse. (21 U.S.C. Section 812 Schedule I (c)(10)). Medical marijuana dispensaries are illegal in the United States. The CSA does not legalize medical marijuana dispensaries. Thousands of people are arrested every year for operating medical marijuana dispensaries in the United States. It is illegal to manufacture, distribute and possess medical marijuana in the United States. The CSA provides no defense in court for medical marijuana dispensaries. It is illegal for landowners to rent or lease property to a medical marijuana dispensary in the United States. Federal law makes it illegal to knowingly and intentionally rent or lease property for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance (21 U.S.C. Section 856 (a)(2)), and provides that real property used in such a manner can be forfeited to the United States. (21 U.S.C. Section 881 (a)(7)). Marijuana is classified as a Schedule I controlled substance in the United States. (21 U.S.C. Section 812 Schedule I (c)(10)). The United States Food and Drug Administration (FDA) has not approved marijuana as a safe and effective drug for any medical condition. Physicians cannot prescribe marijuana for any medical condition. Physicians cannot prescribe a Schedule I controlled substance in the United States. Physicians can prescribe two detla-9-tetrahydrocannabinol (THC) medications. Marijuana contains THC. Marinol (dronabinol) and Cesamet (nabilone) are prescribed in pill form for the treatment of nausea in patients undergoing cancer chemotherapy and to stimulate appetite in patients with wasting syndrome due to acquired immune deficiency syndrome (AIDS). Marinol is classified as a Schedule III controlled substance. Cesamet is classified as a Schedule II controlled substance. Marinol and Cesamet are sold by pharmacies with a prescription. Marinol (dronabinol) warnings and precautions: Ma i pai e tal a d ph sial ailities. Seizure and seizure-like activity reported; discontinue immediately if seizures develop. Caution

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in patients with history of seizure disorders, and history of substance abuse, including alcohol abuse or dependence. Caution in patients with cardiac disorders due to occasional hypotension, possible hypertension, syncope, or tachycardia. Caution in patients with mania, depression or schizophrenia; exacerbation of these illnesses may occur. Caution in pregnancy and nursing. Adverse reactions: Abdominal pain, nausea and vomiting, dizziness, euphoria, paranoid reaction, somnolee, a o al thiki g. “ee soue fo dosage ad d ug interactions. (Physicians Desk Reference). Cesamet (nabilone) warnings and precautions: High pote tial fo a use. Ad e se pshiat i reactions can persist for 48-72 hours following discontinuation of treatment. May cause dizziness, drowsiness, euphoria, disorientation, depression, hallucinations, psychosis, tachycardia, and orthostatic hypotension. May alter mental states; keep patients under adult supervision, especially during initial use and dose adjustments. May impair mental/physical abilities. May elevate heart rate and cause postural hypotension. Caution with hypertension, heart disease, elderly, current or previous psychiatric disorders (manic depressive illness, depression, schizophrenia) and history of substance abuse. Caution in pregnant, nursing patients and pediatrics. Adverse reactions: Drowsiness, vertigo, dizziness, dry mouth, euphoria, ataxia, headache, concentration difficulties, dysphoria, sleep and visual disturbance, asthe ia, a o e ia, dep essio , h pote sio . “ee soue fo dosage a d d ug ite atio s. (Physicians Desk Reference). In 2014, the United States Congress enacted the Consolidated and Further Continuing Appropriations Act to fund the federal government. United States Attorneys in California had sent letters to city and county officials saying they could face criminal and civil prosecution for enabling medical marijuana dispensaries to violate the Controlled Substances Act. Elected officials in medical marijuana states were concerned about the criminal and civil liability of enacting medical marijuana laws. In response, Congress added an amendment to the Appropriations Act. The amendment was a one year moratorium to prevent funding for criminal prosecution of elected officials in medical marijuana states. (Appropriations Act Section 538). Section 538 does not prevent civil prosecution of elected officials in medical marijuana states. Section 538 does not prevent criminal and civil prosecution of medical marijuana patients and providers. Section 538 does not end federal prohibition of medical marijuana. Section 538 expires September 30, 2015. In 2015, the United States Department of Justice provided an interpretation of the amendment. Patrick Rodenbush, spokesman for Department of Justice, says they can still prosecute medical marijuana cases against individuals and organizations. The amendment merely stops the Depat e t of Justie f o i pedi g the ailit of states to a out thei edial aijuana las. In 2015, two members of the United States Congress disagreed with the Department of Justice interpretation of the amendment. Congressmen, Dana Rohrabacher (Republican - Orange County) and Sam Farr (Democrat - Monterey, Santa Cruz), wrote the Department of Justice a letter saying the purpose of the amendment was to prevent prosecutions and asset forfeiture

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actions against medical marijuana patients and providers. They insisted the Department of Justice comply with federal law by ceasing medical marijuana prosecutions and asset forfeiture actions against those acting in accordance with state medical marijuana laws. The congressmen mentioned pending criminal prosecutions of five medical marijuana patients in the City of Kettle Falls, Washington, and pending asset forfeiture actions against two medical marijuana dispensaries in the San Francisco Bay Area, California. (Berkeley Patients Group in the City of Berkeley and Harborside Health Center in the City of Oakland). To date, the Department of Justice has not responded to the letter from the congressmen and is continuing the prosecutions and asset forfeiture actions against medical marijuana patients and providers. Consolidated and Further Continuing Appropriations Act Section 538. No e of the fu ds ade available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, dist i utio , possessio , o ulti atio of edi al aijuaa. In 2015, the United States Congress is considering the Compassionate Access, Research Expansion and Respect States Act (CARERS) to end federal prohibition of medical marijuana. CARERS will reclassify marijuana as a Schedule II substance, allow veterans to have access to medical marijuana, allow medical marijuana research, allow interstate commerce of cannabidiol, allow bank accounts for medical marijuana businesses and allow deductions for expenses for medical marijuana businesses. In 1982, the United States Congress enacted Internal Revenue Code Section 280E. It prohibits the deduction of expenses for any business trafficking in Schedule I and Schedule II controlled substances. Marijuana is classified as a Schedule I controlled substance in the United States. It is illegal for a medical marijuana business to deduct expenses like payroll, rent, utilities, phones, office supplies, advertising, etc. (26 U.S.C. Section 280E).

In the United States, twenty-three (23) states and District of Columbia have approved medical marijuana. Fourteen (14) other states have approved a non-psychoactive component of medical marijuana (cannabidiol). Four (4) of those states (Colorado, Washington, Oregon, Alaska) and District of Columbia have approved recreational marijuana. Nineteen (19) states have decriminalized the possession of small amounts of recreational marijuana.

In 2010, the California State Legislature approved Senate Bill 1449 which amended California Health ad “afet Code “e tio as follos. E ept as autho ized la, e e person who possesses not more than 28.5 grams of marijuana, other than concentrated

15

cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars $ .

Nipomo does not want or need a medical marijuana dispensary Nipomo is an unincorporated community in San Luis Obispo County. Nipomo has a population of 16,714. Nipomo has a small town atmosphere. Nipomo has excellent schools and residential neighborhoods. Nipomo has five preschools, three elementary schools, one middle school and one high school. In 2012, Nipomo opened a new tech high school. Nipomo has three world class golf courses: Black Lake, Monarch Dunes and Cypress Ridge. Nipomo does not want a medical marijuana dispensary. It is difficult to estimate the number of medical marijuana patients in Nipomo. Medical marijuana patients are not required to register in California. Medical marijuana patients are required to have a physician recommendation or medical marijuana identification card. There is not a record of the number of physician recommendations. There is a record of the number medical marijuana identification cards. In 2014, the San Luis Obispo County Public Health Department issued 70 medical marijuana identification cards. Physician recommendations cost $70 to $130. Medical marijuana identification cards cost an additional $133. Therefore, the number of medical marijuana patients in California is extrapolated from other states. Medical marijuana patients, as a percent of the population, from Rhode Island are 0.3 percent, Hawaii are 0.4 percent, Michigan are 0.6 percent, Oregon are 1.0 percent, Colorado are 2.5 percent and Montana are 3.0 percent. The average number of medical marijuana patients in these states are 1.3 percent of the population. Using this data, Nipomo has an estimated 217 medical marijuana patients. Ethnobotanica says the number of medical marijuana patients are 1.5 percent of the population. Using this data, Nipomo has an estimated 250 medical marijuana patients. Nipomo does not need a medical marijuana dispensary. Land use ordinance Title 22 of the San Luis Obispo County Code, Section 22.01.010 - Title and Purpose, says the follo i g: These egulatio s ae he e estalished ad adopted to protect and promote the pu li health, safet a d elfae of the o u it . A edial aijua a dispe sa ill e detrimental to the public health, safety and welfare of the community. Title 22 of the San Luis Obispo County Code, Section 22.30.225 - General Retail, requires a minor use permit to establish a medical marijuana dispensary. In 2006, the medical marijuana dispensary ordinance was adopted by the Board of Supervisors. A minor use permit is discretionary permit. In 2008, the county denied a minor use permit for a medical marijuana dispensary in the unincorporated community of Templeton. In 2010, the county denied a minor use permit for a medical marijuana dispensary in the unincorporated community of Nipomo. In 2012, the county denied a minor use permit for a medical marijuana dispensary in the u i o po ated o u it of O ea o. I , the Cou t of Appeal uled Nothing in the

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CUA or the MMPA authorizes the retail sale of marijuana. Had the Legislature intended to authorize retail sales, it ould hae do e so. Istead, it p ohiited etail sales. People . Sandercock). The medical marijuana dispensary ordinance is not in compliance with the laws of California and the United States. The medical marijuana dispensary ordinance should be rewritten or rescinded. Request The laws about medical marijuana are constantly changing based on city ordinances, county ordinances, state laws, state court decisions, federal laws and federal court decisions. The laws about medical marijuana are conflicting, vague and ambiguous. To date, there are seventeen (17) medical marijuana bills pending in the California State Legislature. To date, there are nineteen (19) medical marijuana bills pending in the United States Congress. More clarity of the law is required before permitting a medical marijuana dispensary. California has 482 cities and 58 counties. Medical marijuana dispensary regulations are as follows: 245 cities have no dispensary regulations. 193 cities have banned dispensaries. 44 cities have dispensary regulations. 28 counties have no dispensary regulations. 20 counties have banned dispensaries. 10 counties have dispensary regulations. In 2015, many cities and counties are shutting down medical marijuana dispensaries. Recently, the City of Los Angeles, City of San Diego and City of Vallejo have shut down medical marijuana dispensaries. The state and federal governments are funding scientific research to study the effects and side effects of medical marijuana. More scientific research is required before permitting a medical marijuana dispensary. In 2015, John Hickenlooper, Governor of Colorado, said the decision by voters to legalize marijuana was a bad idea and reckless. He said voters lacked the data to make an informed decision. Hickenlooper tells other governors to wait a couple of years before legalizing marijuana as Colorado continues to navigate the unknown consequences and landscape of the industry. I request the San Luis Obispo Planning Commission wait a couple of years for more clarity of the law and more scientific research on medical marijuana. Nipomo does not want or need a medical marijuana dispensary. I request the San Luis Obispo Planning Commission deny the application for a minor use permit for a medical marijuana dispensary in Nipomo. Sincerely, Resident of Nipomo

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Survey ResponseName Tom McQueenContact Information(Phone Number,Email, etc.)

805-239-8165,[email protected]

Question orComment

I am writing to ask your supportfor the proposed brick and mortardispensary in Nipomo. It willprovide a means to obtain formsof medical cannabis currentlyunavailable through the existingcentral coast delivery onlydispensaries. I am a 70 year oldman with uncontrolled, lifethreatening seizures. Myneurologists have tried all of theavailable prescription anti-seizuredrugs to treat me. They haven'tworked. There is a strain ofmedical cannabis that is showingsome success in tests atStanford and UCSF. Myneurologists here and at StanfordEpilepsy Center are OK with metrying it. It is only available atbrick and mortar dispensaries.The nearest one that carries it isin Santa Cruz. It is costprohibitive to have someonedrive me back and forth to SantaCruz to obtain it should it proveeffective. Please support theproposed dispensary in Nipomo.For some people, it could literallybe a life saver. Thank you foryour consideration. TomMcQueen










Survey ResponseName Alex YContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

My name is Alex and I am aresident of paso Robles (heritageranch). I am messaging you to letyou know that I am all for theapproval of the opening of thedispensary. I use Ethnobotanicregularly and it would be a betterconvenience for me to visit thestorefront on some occasions.There are some situations whereI can't get a delivery and it wouldbe better for me to just drop inwhen it's at my convenience.Thank you for your time, -Alex Y










Survey ResponseName Karen HicksContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

I would like you to support theproposed medical marijuanadispensary in Nipomo.










Survey ResponseName Kevin NoumContact Information(Phone Number,Email, etc.)

[email protected]

Question orComment

Please allow Ethnobotanica toopen. Many patients need theirmedicine. Please allow this tostimulate SLO county's economy.










Survey ResponseName Cassandra F.Contact Information(Phone Number,Email, etc.)

(805)712-2245

Question orComment

Hi my names is Cassandra andI'm a new mom from paso robles.I just wanted to say that Iapprove of the dispensary forEthnobotanica because it meetsordinates. I rather have a safeplace for people to go rather thenhaving people meet at houses.Being a new mom with a fiancéthat uses delivery it's often hardon us because they can nevergive you am exact time.Countless times I have had mynewborn waken up because thedelivery is early or late with this itwould be a lot more convenientto figure out a time my fiancé canpick up his meds. It would alsohelp the community with anotherbusiness and with that more jobopportunities that are otherwiseunavailible. Thank you for yourtime.



Documents

;hnobotana Dpen帝勇 - Californiaagenda.slocounty.ca.gov/agenda/sanluisobispo/4856/[email protected] Question or Comment Dear Commission Members, I am pleased that you have